Target Hydrogen Peroxide False-Ad Suit Preempted by Federal Law

Another proposed class suit challenging hydrogen peroxide labeling has been dismissed as preempted, this time giving Target Corp. a win.

John Solak alleged Target deceptively portrayed its Up & Up brand peroxide with language describing the product as a “first aid antiseptic” to be used for “treatment of minor cuts and abrasions.”

• Solak sued in the US District Court for the Northern District of New York, alleging the word “treatment” misleadingly implies that the peroxide will shorten wound-healing time
• His claims are expressly preempted by the federal Food, Drug, and Cosmetic Act, which bars any state requirement that’s not “identical” ...